I was in Washington D.C. this past week attending a conference with representatives of the Department of Labor when it was announced that the Equal Employment Opportunity Commission would be investigating whether employers were using unlawful hiring processes driven by artificial intelligence (AI) to screen out job applicants with disabilities. The topic fascinated me because our law firm litigates so many cases involving disability discrimination, but it is rare that we represent clients directly after the hiring process. The notion, however, that employers would try to screen out applicants with disabilities is not surprising because there is a common misconception that employees requiring reasonable accommodation under the Americans with Disabilities Act (ADA) pose a financial hardship for the employer. However, that is indeed a misconception. When employers provide employees with the resources to succeed, there is no limitation on the productivity of a dedicated worker with a disability. In fact, employees with disabilities are often more eager to provide value in their role.
If you feel like you are qualified candidate with a disability and you have been denied opportunities that seem clearly tailored to your education and job experiences, don’t hesitate to reach out to us for answers. We can initiate communication with prospective employers and get to the bottom of why you were denied a job opportunity. For more information on the topic, visit https://www.justice.gov/opa/pr/justice-department-and-eeoc-warn-against-disability-discrimination. And if you think you have been the target of an unlawful hiring process, we can help! Call us or email [email protected].